5 ways to survive divorce

5 ways to survive divorce

by | Aug 1, 2022 | Coastal Lawyers, Divorce

There is a reason they write so many love songs about break ups. They absolutely suck. But being family lawyers we also see so many wonderful clients thrive after separation.

Our 5 bigs observations from clients who don’t just survive divorce but thrive are:

They have Besties

Having a good support system that you can call or hang out with on those tough days is invaluable.

They make time for their physical health

A regular exercise routine, even if it’s just a regular walk after school drop off or in your lunch break is great for your mind, body and spirit.

They prioritise their emotional health

Looking after your mental and emotional health is crucial.

Finding someone you connect with to help you navigate the emotions that naturally flow from a breakup is critical.

Whether it’s traditional therapy or alternative therapy like reiki, find the combination that works for you.

They engage in legal advice and create a plan

Early legal advice is often crucial to your success.

This is why at Coastal Lawyers we offer an obligation free Strategy Session for $330, so you can get answers to all those legal questions you naturally have after separation.

Seeing a lawyer shouldn’t be scary, it’s just part of your separation toolkit.

Many clients come to us before separation, after separation and then many months later when they need help documenting their agreements or where negotiations may have failed and they need a hand.

They have a positive mindset

There will be days or weeks that feel heavy and hard but a positive mindset and embracing a growth mindset will win every day and keep you focused on the exciting new future that awaits you.

Because there are no accidents in life and these are all learnings.

Book in a free 15 minute discovery call online now

Family Law: Pre- action procedures

Family Law: Pre- action procedures

by | Jul 18, 2022 | Family Law, Parenting

In September 2021, the Federal Circuit Court and the Family Court merged to create the FCFCOA.

With that merger brought a stronger focus on pre-action procedures. These are the steps that families should take before they even consider bringing an application in court.

While there are still exemptions if you are the victim of family violence, children are at risk of harm or the matter is urgent. There is a clear pathway towards mediation and resolution outside of court.

At @coastallawyers we embrace every opportunity to keep our clients out of court and we think that the whole process of mediation just makes sense for families. It is inclusive. It is collaborative. It is much more cost effective. The parties remain in control and it is future focussed.

If you have recently separated, then why not book in a 1 hour Strategy Session @coastallawyers for $330 and we can discuss how the pre-action procedures apply to your family.

As of 1 July 2022 we also offer fixed fees for family law matters including legally assisted mediation and consent orders.
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How do you apply for a Divorce?

How do you apply for a Divorce?

by | May 30, 2022 | Divorce, Family Law

Overview:  How do I get a Divorce?

Divorce is not about Property Settlement. 

Divorce is not about Parenting. 

Divorce is about the legal dissolution of a marriage (very unromantic compared to the wedding event which creates a marriage). 

Divorce is very much an administrative process in the eyes of the law (although it sure doesn’t feel like it for anyone living it). 

The Law:

The process for obtaining a divorce is governed by legislation (the law). Including:

  1. Part VI of the Family Law Act 1975 (Cth) (The Act) and;
  1. The Family Court and Federal Circuit Court Rules 2021 (The Rules) and;
  1. Practical Guidance is also provided by the Central Practice Direction and Practice Direction ‘Divorce Proceedings (FAM-DIVORCE).

When can you file for divorce?

Either party to a marriage can file for divorce once the jurisdictional question in section 39[1] and the legislative test in section 48 have been met.

What are the reasons for a divorce in Australia?

Australia has a no-fault divorce concept.

This means that if someone has an affair or one party is at fault for the breakdown of the relationship, this is not relevant to the question of whether a divorce should be granted.

Separation is defined under section 49 of the Act and makes it clear that “parties to a marriage may be held to be separated notwithstanding that the cohabitation was brought to an end by the action or conduct of one only of the parties”.

The legal test for a divorce application being brought is set out in Section 48 of the Act. Being:

  1. Has the marriage broken down irretrievably[2]?
  1. The court determines whether a marriage has irretrievably broken down when the parties separated and lived separately and apart for a continuous period of not less than 12 months[3]?

If the court considers that there is a reasonable likelihood of cohabitation being resumed, then the court will not make the order for divorce[4].

Family Law Time Limits:

You only have 12 months[5] from the date of divorce to finalise your property settlement or maintenance request unless you have the consent of the other party or leave of the court. It is crucial that you obtain legal advice in respect of Property Settlement before proceeding with your divorce.

 

Children under the age of 18 years old:

If there are children under the age of 18 years old to your marriage, the court will need to be satisfied that there are suitable care arrangements in place for the ‘care, welfare and development of the children[6].

Do you need help?

If you need help with your application for divorce then Coastal Lawyers can help. We offer a fixed fee divorce process to make the process of getting your divorce, stress free and certain in terms of your legal fees.

 

Book in a free 15 minute call to discuss your divorce today.

 

[1] Section 38 Family Law Act 1975 (Cth) there is jurisdiction if either spouse at the time of filing is an Australian citizen, domiciled or ordinarily resident in Australia.

[2] Section 48(1) Family Law Act 1975 (Cth)

[3] Section 48(2) Family Law Act 1975 (Cth)

[4] Section 48(3) Family Law Act 1975 (Cth)

[5] Section 44(3) Family Law Act 1975 (Cth)

[6] Section 55 Family Law Act 1975 (Cth)

Written by Kristal

Written by Kristal

Principal Lawyer & Founder of Coastal Lawyers

Kristal was admitted as a lawyer in 2011. A former prosecutor, she has a Diploma in Law. A Graduate Certificate in Criminal Practice and is currently completing her Masters in Family Law (2022).

Kristal is a member of the Legal Aid Panels for criminal law and family law and domestic violence. 

Fun Fact: Kristal loves all things mindfulness, meditation and “wu wu”. 

 

Disclaimer: Because would we even be lawyers without one? 

  • This article is not legal advice and has been prepared as a resource to assist members of the community and legal profession who wish to have an understanding of a particular area of the law.
  • You should always undertake your own research and/or consult with a lawyer to ensure that the information is up to date and relevant to your case.  
  • In addition, the blog post refers to the law as current at a particular date. The law is changing regularly and accordingly, you should always refer to the legislation applicable at the time . 
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Free 15 minute discovery Call!

If you are still not sure then book in a free 15 minute chat with our office to find out how we can assist.  

5 Facts about Coastal Lawyers

5 Facts about Coastal Lawyers

by | Apr 27, 2022 | Coastal Lawyers

Did you know? 5 facts about Coastal Lawyers

1. We have over 50 verified client reviews? Head over to our website to check them out.

2. We practice in all areas of criminal law, family law and estate planning? Book in a free 15 minute chat online.

3. Coastal Lawyers was founded by a former criminal prosecutor with over a decade experience.

4. Did you know you can book a 1 hour Strategy Session online and pay via credit card for $330? This is perfect for those wanting some initial advice pre or post separation or heading to court.

5. Did you know our office looks more like a day spa than a traditional lawyers office.

Bonus Fun Fact for making it to the end: Between us we have worked at McDonald’s, in the Police, at Target, in child care, as a beautician, as a barista and as a wedding stylist. We are a multi-skilled bunch. .
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Book in a free 15 minute chat with a lawyer today. Find out how we can help and what our likely costs are.

Book now
The way we talk to our children becomes their inner voice.

The way we talk to our children becomes their inner voice.

by | Apr 27, 2022 | Family Law, Parenting

I always remind my clients, that when you are going through a separation do not talk to your children in any type of negative way about their other parent or their extended family.

Your children are half of them whether you like it or not.

Denigrating the other parent sends a message to your child that you are rejecting a part of them. A very special part of who they are.

Is it easy when you are going through a separation and feeling big emotions yourself? Absolutely not but no-one said parenting is easy.

If you are feeling big emotions and triggers that is completely normal and you should reach out to a professional to help guide you through those emotions.

Your child should never feel like they are in the middle or responsible for their parents emotions. Childhood is short and we want to allow them that carefree innocence as long as possible.

Remember it is your responsibility to shield them from that.

If you are going through a separation or divorce and would like a heart centred and child focussed approach then book in a 1 hour Strategy Session at Coastal Lawyers.

Coastal Lawyers are Central Coast based family lawyers with boutique offices conveniently located at Gosford.

We can guide you through all aspects of family law including parenting, property settlement and divorce.

Book online now